Other conditions decisions — 2018

The Board has remanded the claim for a TDIU prior to March 12, 2015 due to concerns raised by the Court in its May 2016 decision and the fact that the Veteran had only a combined 30 percent rating for his service-connected disabilities.

The Veteran's spouse passed away due to Alzheimer's dementia. The appellant, as the adult daughter of both the Veteran and his spouse, is not eligible for accrued benefits because she did not meet the legal criteria for a child under VA regulations.

The Board has decided to remand the case due to a lack of compliance with previous directives and for an addendum opinion regarding whether the Veteran's bilateral foot disability first manifested during service or is otherwise related to active military training.

The Board has remanded the case to schedule a DRO hearing at the RO in San Juan, Puerto Rico. The appellant's claim for recognition as the Veteran's surviving spouse is pending.

The Board has granted service connection for dysautonomia, finding that the Veteran's symptoms during military service could have been related to this condition. The claim is based on direct evidence of a nexus between service and the current disability.

The Veteran's service is deemed to include additional active duty from September 9, 2007 to March 8, 2010. This brings his total aggregate creditable active duty to over 36 months, qualifying him for the maximum Post-9/11 GI Bill educational assistance rate of 100 percent.

The Veteran's claim for basic eligibility for VA home loan guaranty benefits was denied as he did not meet the minimum active duty service requirements.

The Board found that the Veteran's character of discharge from his second period of active service was under conditions other than honorable due to an absence without official leave (AWOL) for a continuous period of at least 180 days. However, compelling circumstances did not warrant this prolonged unauthorized absence.

The Veteran's appeal has been withdrawn, and the case is dismissed as a result.

The Board denied the appellant's claim for basic eligibility to nonservice-connected pension because he did not have active military, naval or air service and therefore is not a veteran.

The Board has remanded the case for further development and readjudication due to issues related to the reduction in monetary entitlement to death pension benefits. The appellant's countable income, including unreimbursed medical expenses, needs to be accurately determined.

The Board found that the Veteran's non-Hodgkin's lymphoma was etiologically related to his military service, including exposure to asbestos while serving aboard the USS Saratoga.

The Board has determined that a 20 percent evaluation is warranted for the service-connected right middle finger disability prior to August 29, 2016.

The Board has remanded the Veteran's service connection claim for degenerative joint disease of multiple joints and his TDIU claim due to inadequate medical opinions regarding the etiology of his disabilities. The case is also inextricably intertwined with the issue of service connection.

The Veteran's receding gums are not considered a compensable dental disorder for which VA compensation may be paid. The Board finds that the condition is not related to service-connected conditions.

The Board has denied the claim of secondary service connection for schizoid personality disorder as there is no current disability to support a secondary service connection claim.

The Board has determined that the Veteran's anemia is not of service onset or otherwise related to his military service, and therefore denied his claim for service connection.

The Board grants an effective date of July 14, 1998 for the award of service connection for bilateral metatarsalgia of the 4th and 5th toes s/p 4th left transverse osteotomy.

The Veteran's marriage to the appellant was not legally valid due to a legal impediment, and therefore, the appellant cannot be recognized as his surviving spouse for VA death benefits.

The Board found that the appellant's discharge from military service was dishonorable and therefore a bar to VA benefits, as his misconduct (three periods of AWOL) constituted willful and persistent misconduct.